§ 1063. — Opposition to registration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1063]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1063. Opposition to registration
(a) Any person who believes that he would be damaged by the
registration of a mark upon the principal register, including as a
result of dilution under section 1125(c) of this title, may, upon
payment of the prescribed fee, file an opposition in the Patent and
Trademark Office, stating the grounds therefor, within thirty days after
the publication under subsection (a) of section 1062 of this title of
the mark sought to be registered. Upon written request prior to the
expiration of the thirty-day period, the time for filing opposition
shall be extended for an additional thirty days, and further extensions
of time for filing opposition may be granted by the Director for good
cause when requested prior to the expiration of an extension. The
Director shall notify the applicant of each extension of the time for
filing opposition. An opposition may be amended under such conditions as
may be prescribed by the Director.
(b) Unless registration is successfully opposed--
(1) a mark entitled to registration on the principal register
based on an application filed under section 1051(a) of this title or
pursuant to section 1126 of this title shall be registered in the
Patent and Trademark Office, a certificate of registration shall be
issued, and notice of the registration shall be published in the
Official Gazette of the Patent and Trademark Office; or
(2) a notice of allowance shall be issued to the applicant if
the applicant applied for registration under section 1051(b) of this
title.
(July 5, 1946, ch. 540, title I, Sec. 13, 60 Stat. 433; Pub. L. 87-772,
Sec. 8, Oct. 9, 1962, 76 Stat. 771; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 93-600, Sec. 1, Jan. 2, 1975, 88 Stat.
1955; Pub. L. 97-247, Sec. 9(a), Aug. 27, 1982, 96 Stat. 320; Pub. L.
100-667, title I, Sec. 114, Nov. 16, 1988, 102 Stat. 3940; Pub. L. 106-
43, Sec. 2(b), Aug. 5, 1999, 113 Stat. 218; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat.
1536, 1501A-583.)
Prior Provisions
Acts Feb. 20, 1905, ch. 592, Secs. 6, 7, 33 Stat. 726; Mar. 2, 1907,
ch. 2573, Sec. 2, 34 Stat. 1252.
Amendments
1999--Subsec. (a). Pub. L. 106-113 substituted ``Director'' for
``Commissioner'' wherever appearing.
Pub. L. 106-43 inserted ``, including as a result of dilution under
section 1125(c) of this title,'' after ``principal register'' in first
sentence.
1988--Pub. L. 100-667 designated existing provisions as subsec. (a),
substituted ``prescribed fee'' for ``required fee'', and added subsec.
(b).
1982--Pub. L. 97-247 substituted ``an'' for ``a verified'' after
``required fee, file'', inserted ``when requested prior to the
expiration of an extension'' after ``Commissioner for good cause'' and
struck out provision that an unverified opposition could be filed by a
duly authorized attorney, but such opposition would be null and void
unless verified by the opposer within a reasonable time after such
filing is fixed by the Commissioner.
1975--Pub. L. 93-600 substituted provisions relating to extensions
of time for filing opposition upon written request prior to the
expiration of the thirty-day period for an additional thirty days, and
further extensions for good cause, for provisions relating to extensions
of the time for filing opposition for good cause shown.
Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
1962--Pub. L. 87-772 inserted ``An opposition may be amended under
such conditions as may be prescribed by the Commissioner'', and struck
out ``notice of'' after ``file a verified'' and ``time for filing''.
Effective Date of 1999 Amendments
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
Amendment by Pub. L. 106-43 effective Aug. 5, 1999, and applicable
only to any application for registration filed on or after Jan. 16,
1996, see section 2(e) of Pub. L. 106-43, set out as a note under
section 1052 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988,
see section 136 of Pub. L. 100-667, set out as a note under section 1051
of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-247 effective six months after Aug. 27,
1982, see section 17(c) of Pub. L. 97-247, set out as a note under
section 294 of Title 35, Patents.
Effective Date of 1975 Amendments
Section 4 of Pub. L. 93-600 provided that: ``This Act [amending this
section and sections 1071 and 1117 of this title] shall become effective
upon enactment [Jan. 2, 1975], but shall not affect any suit,
proceeding, or appeal then pending.''
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 of this title.
Repeal and Effect on Existing Rights
Repeal of inconsistent provisions, effect of this chapter on pending
proceedings and existing registrations and rights under prior acts, see
notes set out under section 1051 of this title.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of Commerce, with certain exceptions, to Secretary of
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1051, 1052, 1094, 1141,
1141h of this title.
